Defence Regulation 18B

Defence Regulation 18B, often referred to as simply 18B, was one of the Defence Regulations used by the British Government during the Second World War. The complete name for the rule was Regulation 18B of the Defence (General) Regulations 1939. It allowed the internment of people suspected of being Nazi sympathisers. The effect of 18B was to suspend the right of affected individuals to habeas corpus.

The Defence Regulations existed in draft form, constantly revised, throughout the years between the world wars. In early 1939 it was decided that since a war might break out without warning or time to pass an Act of Parliament to bring in emergency regulations, the Regulations should be split into two codes. Code A would be needed immediately if war broke out and could be passed in peacetime, while Code B, containing more severe restrictions on civil liberties, would be brought in later. In order not to alert the public to the existence of Code B, Code A was simply numbered consecutively. Defence Regulation 18 concerned restrictions on movement of aircraft. It was originally intended that Code B would be imposed by an Order in Council, with retrospective indemnity being granted by an Act of Parliament should anyone dispute the actions of the authorities.

On 24 August 1939, after tensions rose over Poland, the House of Commons was recalled from its summer recess to pass the Emergency Powers (Defence) Act, which gave authority to implement the Defence Regulations. Code A was brought into effect that day and Code B followed on 1 September. Enemy aliens were detained using powers under the Royal Prerogative, while 18B was used mainly for British nationals.

(lA) If the Secretary of State has reasonable cause to believe any person to have been or to be a member of, or to have been or " to be active in the furtherance of the objects of, any such organisation as is hereinafter mentioned, and that it is necessary to exercise control over him, he may make an order against that person directing that he be detained. The organisations hereinbefore referred to are any organisation as respects which the Secretary of State is satisfied that either— (a) the organisation is subject to foreign influence or control, or (b) the persons in control of the organisation have or have had associations with persons concerned in the government of, or sympathies with the system of government of, any Power with which His Majesty is at war. and in either case that there is danger of the utilisation of the organisation for purposes prejudicial to the public safety, the defence of the realm, the maintenance of public order, the efficient " prosecution of any war in which His Majesty may be engaged or the maintenance of supplies or services essential to the life of the community.

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